Question 1

What is a levy in Florida law?

Accepted Answer

A levy is the legal process of seizing a debtor’s property to satisfy a judgment. In Florida, after a creditor obtains a court judgment, the creditor can: obtain a writ of execution from the court (directing the sheriff to seize the debtor’s property), the sheriff levies on (seizes) the debtor’s non-exempt property, the seized property is sold at a public sale (sheriff’s sale), and the proceeds are applied to the judgment. A levy can also refer to: the imposition of a tax (a property tax levy is the assessment of property taxes by a taxing authority), an assessment by a condominium or HOA (a special assessment levied on unit owners), and a garnishment (levying on a debtor’s bank account or wages).

Question 2

What property is exempt from levy in Florida?

Accepted Answer

Florida exemptions: homestead property (Article X, Section 4 of the Florida Constitution: a debtor’s primary residence is exempt from forced sale, with no value limit on the exemption), personal property up to $1,000 (Section 222.25), motor vehicle up to $1,000 in equity, wages (head of household’s wages are fully exempt; other wages are partially exempt), retirement accounts (IRAs, 401(k)s, and other qualified retirement plans are fully exempt under Section 222.21), annuities and life insurance proceeds (Section 222.14), and health aids and professionally prescribed items. These exemptions are among the most generous in the United States, providing significant protection for Florida debtors.

Question 3

How does a creditor execute a levy in Florida?

Accepted Answer

Execution process: (1) Obtain a final judgment from the court. (2) Record a certified copy of the judgment in the county where the debtor’s property is located (creating a judgment lien on the debtor’s real property). (3) Apply for a writ of execution from the clerk of court. (4) Deliver the writ to the sheriff’s office with instructions for levy. (5) The sheriff locates and seizes the debtor’s non-exempt personal property. (6) The sheriff schedules a public sale (at least 30 days notice). (7) The property is sold at the public sale to the highest bidder. (8) The proceeds are applied to the judgment (minus the sheriff’s fees and costs). If the proceeds are insufficient to satisfy the judgment, the creditor can levy on additional property.

Levy

Levy in Florida Law

Types

Florida Exemptions

Execution Process

Related Terms

Barnes Walker Creditor Rights

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